My taxes were applied to offset child support for my husband. He didn't have an income. How do I stop this

[luckyletty78]

My situation is similar to yours, he was unemployed & owes child support but they usually off set the state refund. I only filed federal & just got accepted then I plan on filing state just to avoid off set delays. When I file state return I'll file with injured spouse form because it is not your debt they can't withhold your portion. If you already filed you can still file form it'll take up to 14weeks for a refund.

[PatriciaR]

You may want to consider filing Form 8379, Injured Spouse Allocation.  This form is filed to get back your portion of a jointly-filed refund.  If you have already filed, skip down to the part below that says "What if I've already filed my tax return?"  Please see the details below:

Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt, if the IRS approves the form. The Injured Spouse Form is filed when the overpayment on your jointly filed tax return was (or is expected to be) applied to a past-due obligation of your spouse.

You must file jointly to use this form. Also, filing an 8379 will delay your federal refund by up to 14 weeks.

To file this form in TurboTax:

1. Open your return.
   (To do this, sign in to TurboTax and click the orange "Take me to my return" button.)
2. In the Search box (upper right of program), search for "injured spouse" and then click the "Jump to" link in the search results.
3. Answer "Yes" to "Do you want to claim innocent or injured spouse relief?" and carefully follow the onscreen instructions for Injured Spouse. (click on screenshot below for more detail)

Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is something else. Leave those questions blank if you only want to claim injured spouse relief.

What if I've already filed my tax return?

If you've already filed and your return has been accepted, you will have to mail the form to the IRS using TurboTax to create the form.  

If you are using TurboTax Online, open your return and sign in.  On the Welcome home screen, select Taxes. On the Tax Timeline screen, select Amend (change) return. 

If you are using the CD/Download product, open your return. 

When your return is open, In the Search box, search for "injured spouse" and then click the "Jump to" link in the search results. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions for Injured Spouse.

See more information below from the IRS:

IRS-Seven Facts about Injured Spouse Relief